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law, which, by their charters, cannot acquire or hold real estate beyond a limited amount, and whereas the said corporations could employ their property to greater advantage, if they were permitted whether they disposeof them, to apply the price received upon other real estate; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

rations,

1. All corporations of this Province, which cannot Powers of acquire real estate but to a limited amount, under the mited corpo provisions of their charters, or of the law, shall hereafter, extended. have the right, whenever they dispose of or alienate any real estate belonging to them, to apply the price thereof to the acquisition of other real estate, and also to receive the revenues whatever thereof, any law to the contrary notwithstanding, and to employ the same to the objects for which they were constituted.

CAP. X X X V.

An Act to amend the Act of this Province 39 Vict., Chap 33, intituled: "An Act to amend and consolidate the various acts respecting the Notarial Pro...fession in this Province."

HE

[Assented to 31st October, 1879.]

ER MAJESTY, by and with the advice and consent s. 5 f 40 V. of the Legislature of Quebec, enacts as follows: 24, amended.

1. Section 5 of the act 40 Vict., chap. 24, is amended by Registrars,not adding the following words at the end thereof: "an 1 all disqualified in such registrars so excepted shall not be disqualified from certain cases. exercising their profession as notaries although named

joint registrars with other persons afterwards, and since the passing of this act."

2. Section 43 of the same act is amended by striking 8. 43, out the following words in the second and third lines: amended. "a statement of the receipts and expenditure of the board and."

amended

3. Section 74 is amended by replacing all the words 74, after: "practise," in the fifth line, by the following: "or who has transmitted his greffe, in changing districts, as he was heretofore obliged to do."

4. Section 77 of the same act is amended by adding s. 77, thereto the following paragraph:

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Every purchaser of the greffe of another notary, shall

amended

Declaration

be bound to prepare and file in the hands of the by purchaser secretaries of the boards of notaries, within one month of a greffe. from the date of such purchase, a declaration that he has become the legal possessor of such greffe, under a penalty of a fine of fifty dollars, and of a like penalty of fifty dollars, for every other month that he shall delay filing such declaration, which fines shall be recoverable from the said purchaser to the advantage and in the manner prescribed by section 181 of the said act."

S. 81, replaced Board of Notaries.General powers.

S. 103, amended,

S. 153, amended.

S. 157, replaced.

S. 164, amended.

S. 183, repealed.

S. 2 of 40 V c.

5. Section 81 of the said act is replaced by the following:

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81. There exists for the Province of Quebec, a board of notaries known by the name of: "The Board of Notaries." It is a corporation, and, as such, enjoys all the privileges conferred upon such bodies by law; it may acquire and possess and enjoy real and personal estate, provided the same do not exceed the sum of fifty thousand dollars."

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6. Section 103 of the same act is amended by replacing the words "every three years, in the second line, by the following: "at the first meeting following each general election," and by adding thereto the following paragraph:

"All the officers nevertheless, remain in office until the election of their respective successors."

7. Section 153 of the same act is amended by striking out the words "augmented or," in the ninth line thereof.

8. Section 157 is replaced by the following:

"157. A statement of receipts and expenditure is, each year, submitted to the Board by the treasurer, at the meeting of the month of October, and a printed copy of the same is transmitted to each notary inscribed upon the table as a practising notary, under the pains and penalties hereinafter provided."

9. Section 164 of the same act is amended by replacing the word "fifteen," in the second line of the last paragraph, by the word; "seven.'

10. Section 183 of the same act is repealed."

11. Section 2 of the act of this Province 40 Vict., chap. 24, repealed. 24, is repealed.

Suspension of 12. Upon a notice given by the Treasurer to the Board of Notaries, to its syndic, that a notary owes one

notaries in

arrears.

or more years of arrears of contributions to the funds of the said Board, the syndic shall be bound to send notice by means of a letter sent by post to the address of such notary so in arrear that he, the syndic, will proceed, at the next meeting of the Board of notaries, to demand the suspension of such notary so in arrear, for not more than five years from his office as notary, and at such meeting or at any other subsequent one, the Board of Notaries, without any other formality, may pronounce such suspension which shall be for such and as long a period of time as the notary in default shall not have discharged by payment to the treasurer, all his arrears aforesaid together with the costs incurred and to be incurred in obtaining such suspension, the said costs to be taxed and determined by the said board when it passes judgment.

1. Notice of such judgment suspending the notary in Notice of default, shall be given in the manner provided by sub. judgment. section 8 of section 140 of the aforesaid act, 39 Vict., chap.

33.

payment of

2. After payment of the arrears and costs due by the Suspension notary who has been suspended, in the hands of the stopped on treasurer of the Board, the latter, without delay, shall arrears. publish in the "Quebec Official Gazette," during one month, a notice of the removal of such suspension, and in the costs to be paid by such notary, shall be included the costs of publishing his suspension and the removal thereof.

3. A public notice of the suspension of such notary, signed by the President and countersigned by one of the secretaries of the Board of Notaries, shall be read and posted up on two consecutive Sundays, by a bailiff of the superior court, or by the secretary-treasurer of the council of the municipality, at the church door of the parish or township in which the notary so suspended from his functions, resides.

Notice of

suspension posted up.

13 Section 3 of the act of this Province, 40 Vict., chap. S.3 of 40 V.c. 24, repealed. 24, is repealed from and after the first of May next; this Deeds passed, repeal shall not affect deeds passed up to that date.

not affected.

tion and,

14. The present act shall form part of the acts of this InterpretaProvince, 39 Vict., chap. 33 and 40 Vict., chap. 24, and Act in force. shall come into force on the day of its sanction.

Preamble.

Certain wills, declared valid

Idem.

Pendi g

cases.

1

Act in force.

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CAP. X X X VI.

An act to render valid certain notarial deeds.

[Assented to 31st October, 1879.]

4

HEREAS a considerable number of authentic wills have been passed before a notary and two witnesses, one only of whom could sign his name, or have been passed without the mention of the condition respecting the reading and signature, required by article 843 of the Civil Code, the great damage of the parties interested; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

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1. Every authentic will, passed before a notary and two witnesses, of whom one only can sign his name, from the coming into force of the Act 38 Vict., chap. 23, up to the coming into force of the present act, shall be considered as valid and as proof of its own contents, notwithstanding such error of form, just as if such error did not exist, provided it contains no other cause of nullity than such error of form.

2. Every authentic will passed before two notaries, or before one notary and two witnesses, without mention. having been made in the deed, that the testator signed in presence of the notaries or of the notary and witnesses, and with them, or of his having declared that he was unable to sign after the document had been read to him, by one of the notaries in presence of the other, or by the notary in presence of the witnesses, up to the coming into force of the present act, shall be considered authentic and valid, notwithstanding the omission of such mention, just as if such mention had been made in the deed, provided always that the formalities, the observance of which should have been mentioned, have in reality been observed.

3. The provisions of this act shall not affect pending

cases.

4. This act shall come into force on the day of its sanction.

CAP. XXX VII.

An act to further amend and consolidate the acts relating to the Profession of Medicine and Surgery in the Province of Quebec.

W

[Assented to 31st October, 1879.]

HEREAS it is necessary to further amend and con- Preamble. solidate the laws now in force in the Province

of Quebec, for regulating the qualifications and examination of candidates for the study of medicine, surgery and midwifery; for the registration of medical practitioners, and for the infliction of penalties upon persons infringing the provisions of this act, respecting the practice of medicine, surgery and midwifery; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. From and after the passing of this act, the act Acts'repealed or ordinance of the legislative council of the late province of Quebec, passed in the twenty-eighth year of the reign of his late Majesty King George the third, and intituled: An Act or ordinance to prevent persons practising physic and surgery within the Province of Quebec, or midwifery within the towns of Quebec and Montreal, without license, and all other acts or parts of acts, in any manner relating to the practice of medicine, surgery or midwifery in the Province of Quebec, or in any manner relating to the mode of obtaining licenses to practise medicine, surgery or midwifery therein, as well as the Act 40 Vict., chap. 26, intituled: "An act to amend and consolidate the acts relating to the profession of medicine and surgery Proviso. in the Province of Quebec," assented to on the 28th of December 1876, shall be and are hereby repealed, except in so far as relates to any offence committed against the same or any of them, before the passing of this act, or any penalty or forfeiture incurred by reason of such offence.

Physicians

2. All persons resident in the Province of Quebec, Corporation authorized to practise medicine, surgery or midwifery of College of therein, and who, at the time of the passing of the present and Surgeons. act, shall have been registered under the Act 40 Vict.,chap. 26, and all persons resident in the Province of Quebec and licensed to practice medicine, surgery and midwifery therein, who, at the time of the passing of this act, shall not have been registered under 40 Vict, chap. 26, but who shall hereafter become registered under the present act, and all persons who may hereafter obtain a license to practise medicine, surgery and midwifery, in

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